Sustainable Procurement Tools

ANNEX G - Examples of Specification/Invitation to Tender Model Wording: Applying a Fair Work First Question

 

Example 1 - National Marketing Services Framework

In addition to mandating payment of the real Living Wage, the Scottish Government identified the opportunity to hone in on equality, diversity, gender pay gap and workforce development in the Fair Work First Question (Section Weighting – 10%).

The Scottish Public Sector is committed to the delivery of high quality public services, and recognises that this is critically dependent on a workforce which is well-rewarded, well-motivated, well-led, has access to appropriate opportunities for training and development, is diverse and inclusive, and can influence decision making. These factors are also important for workforce recruitment and retention, and thus continuity of service delivery.

Public bodies in Scotland are committed to applying Fair Work First criteria in their own organisation and in publicly funded supply chains.

Fair Work First is the Scottish Government’s policy for driving good quality and fair work in Scotland. Through this approach, the Scottish Government, and its public sector partners, are asking bidders to describe how they are committed to adopting Fair Work First:

  • appropriate channels for effective voice, such as trade union recognition and regular employee feedback are in place which can influence worker experience and address concerns;
  • investment in workforce development is integrated into the organisation in particular in relation to equality and diversity, and opportunities exist to enable continuous professional development;
  • no inappropriate use of zero hours contracts in operation so that workers have open ended or fixed term contracts which guarantee a fair minimum number of hours, no compulsory overtime, and reasonable notice to shift changes;
  • action to tackle the gender pay gap and create a more diverse and inclusive workplace by preventing bias and barriers to recruitment, retention and promotion processes; creating opportunities for workers to influence workplace equality; gathering data on workforce diversity and address under-representation; ensuring governance structures are gender balanced and parity exists for minority ethnic, disabled and younger people;
  • providing fair pay for workers (for example, payment of the real Living Wage);
  • offer flexible and family friendly working practices for all workers from day one of employment such as flexible working, family friendly options for all workers, systems and protocols are in place to enable remote working;
  • oppose the use of fire and rehire practices which can be used to diminish terms and conditions.

In order to ensure the highest standards of service quality in this contract we expect suppliers to commit to progressing towards adopting Fair Work First in the delivery of this contract as part of a fair and equitable employment and reward package as a route to progressing towards wider fair work practices set out in the Fair Work Framework.

 

Example 2 - National Temporary and Interim Staff Services Framework

The ITT included an additional question on the equality and diversity processes used by bidders for recruitment of temporary and interim staff.

The Public Sector in Scotland is committed to building a workforce of people (including temporary and interim workers) with a wide range of backgrounds, perspectives and experiences.  That means having a workforce that includes people of different age groups, socio-economic backgrounds, faith and beliefs. People who are trans, disabled, from minority ethnic backgrounds. People who identify as lesbian, gay or bisexual or another sexual orientation. A workforce that is representative of the people of Scotland.

We expect bidders to take a similarly positive approach and have a strategy and processes in place to ensure as best as possible a diverse range of temporary/interim workers.

To help us achieve our ambitions in advancing equality, we would like to understand your aspirations as an organisation in terms of diversity and the temporary/interim workers you put forward. For example, we would like to know:

  • Do you have an established diversity related policy and practices?
  • Do you have, or are you working towards, accreditations in any diversity aspects e.g. Disability Confident?
  • How you attract and retain diverse temporary/interim workers, including any outreach work, to your organisation?
  • How you select and verify your selection methods from a diversity perspective?
  • How you carry out pre-employment occupational health checks?
  • What adjustments are made (or how are they recommended) and how these are implemented effectively?
  • What engagement do you have with representative organisations and what is the success of these relationships?

 

Example 3 – Model Fair Work First Question and Response from a Small Supplier (<50 staff)

Requirement: A digital technology project.

Contract duration: 3 years

Contract value: Less than £50,000

Route to market: Mini competition

The model Fair Work First question was included in the Invitation to Tender (Section Weighting 5%):

Please describe and demonstrate how you will commit to adopting Fair Work First for workers (including any agency or sub-contractor workers) engaged in the delivery of this contract. This should include current and planned actions that show how you will embed these practices during the lifetime of this contract.

Answers should include tangible and measurable examples and should also describe how you will report on, and demonstrate progress, to the contracting authority during the lifetime of the contract.

Good answers will reassure evaluators that your company is committed to adopting Fair Work First and to progressing towards wider fair work practices set out in the Fair Work Framework for the workers engaged in the delivery of this contract and those in the supply chain working on this contract. Answers need not be constrained to, or be reflective of, any examples given alongside this question.

Response: The response confirmed that:

  • all staff are based in Scotland/UK
  • directly employ all staff on permanent contracts
  • no zero-hour contracts
  • staff earn in excess of the real Living Wage
  • is an accredited Living Wage Employer

The response advised staff benefit from:

  • flexible working hours
  • alternative working patterns to accommodate work life balance
  • flexibility to work from home on request
  • pay and holiday increases on performance and time served basis

The response mainly focussed on skills and training, and engagement and empowerment. Some of the key points are included below:

  • recruitment and employment practices align with equality policy and strategy
  • continuous learning and development opportunities including:
  • access to online resources
  • training courses
  • peer to peer knowledge sharing
  • overall responsibility for engagement and empowerment lies with the Director. Examples of opportunities for staff to engage with management were provided including:
  • team meetings
  • 1-2-1 meetings
  • annual appraisals

A question on payment of the real living wage was also included in the invitation to tender: Tenderers are asked to confirm that they will pay staff that are involved in the delivery of services under the contract at least the real Living Wage.

Response: The response confirmed that they are an accredited Living Wage Employer.

 

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